William Kiernan and Christine Pfeiffer v. Willie Creech, Justin…

Summary

The Alaska Supreme Court reversed summary judgment on the plaintiff's contract-based and unjust-enrichment claims because the parties' conflicting accounts of their oral arrangement created material factual disputes concerning whether they agreed to co-own the property or establish a lease arrangement. The court held that promissory estoppel and part performance could potentially overcome the statute of frauds if the plaintiff proved sufficiently definite terms by clear and convincing evidence, and it held that the possession requirements for part performance may be relaxed in a joint-ownership case. The court affirmed dismissal of the conversion claim as time-barred. Justice Christen, joined by Justice Fabe, dissenting, would have affirmed summary judgment on the promissory-estoppel and part-performance claims but also reversed dismissal of the unjust-enrichment claim.